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HomeMy WebLinkAbout021828 RES - 12/21/1993RESOLUTION DIRECTING CENTRAL POWER & LIGHT COMPANY TO FILE CERTAIN INFORMATION WITH THE CITY OF CORPUS CHRISTI; SETTING A PROCEDURAL SCHEDULE FOR THE GATHERING AND REVIEW OF NECESSARY INFORMATION IN CONNECTION THEREWITH; SETTING DATES FOR THE FILING OF THE CITY'S ANALYSIS OF THE COMPANY'S FILING AND THE COMPANY'S REBUTTAL TO SUCH ANALYSIS; SETTING A PUBLIC HEARING FOR THE PURPOSES OF DETERMINING IF THE EXISTING RATES OF CENTRAL POWER & LIGHT COMPANY ARE UNREASONABLE OR IN ANY WAY IN VIOLATION OF ANY PROVISION OF LAW AND THE DETERMINATION BY THE CITY OF CORPUS CHRISTI OF JUST AND REASONABLE RATES TO BE CHARGED BY CENTRAL POWER & LIGHT COMPANY; PROVIDING FOR COOPERATION WITH OTHER CITIES EXERCISING ORIGINAL RATE JURISDICTION; AND CONSOLIDATING A RELATED COMPLAINT. WHEREAS, the City of Corpus Christi is a regulatory authority under the Public Utility Regulatory Act (PURA) and has original jurisdiction over the rates of Central Power & Light Company (CPL) to determine if such rates are just and reasonable; and WHEREAS, Section 42 of PURA empowers a regulatory authority, on its own motion or on complaint by any affected person, to determine whether the existing rates of any public utility for any service are unreasonable or in any way in violation of any provision of law, and upon such determination, to determine the just and reasonable rates; and WHEREAS, the City Council of the City of Corpus Christi desires, on its own motion, to exercise its authority under Section 42 of PURA; and WHEREAS, a procedural schedule should be established for the filing of certain information by CPL, procedures to be followed to obtain and review information from CPL, the filing of an analysis of such information by the City, the filing of rebuttal information from CPL, and a public hearing at which time the City shall make a determination whether the existing rates of CPL are unreasonable or are in any way in violation of any provision of law and if such rates should be revised and just and reasonable rates determined for CPL; and WHEREAS, the City of Corpus Christi should cooperate with other cities exercising their original jurisdiction respecting CPL rates in order to minimize expenses; and WHEREAS, on November 23, 1993, a Petition To C.C. City Council Seeking Reduction In Electric Rate was filed by Raymond F. Hasker, which raises certain issues regarding the reasonableness of CPL's rates, and , since those issues are included within the scope of issues to be considered in this proceeding initiated by the City \ord\93109 01-(1823 MICLMEI Council, said Petition should be consolidated with the City's reviews. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. On or before February 18, 1994, CPL shall file, with the City of Corpus Christi, Schedules A, B, C, D, E, F, G, H, I, J, K, 0, and S of the Rate Filing Package of the Public Utility Commission of Texas, along with all associated work papers. Testimony need not be prepared, but a narrative description shall be provided sufficient to describe such information and costs shall be allocated to customer classes. SECTION 2. City's representatives shall have the right to obtain additional information from the Company through the filing of requests for information, which shall be responded to within seven (7) days from the receipt of such request for information. Other parties shall have access to such information, and may request City's representatives to request other specified information. SECTION 3. The City's designated representatives shall file their analysis of CPL's filing and information gathered on or before April 4,. 1994. SECTION 4. CPL shall file any rebuttal to the analysis of the City's representatives on or before April 13, 1994. SECTION 5. A public hearing shall be conducted by the City Council for the City of Corpus Christi on April 19, 1994, during the regular council meeting scheduled to commence at 2:00 p.m. Based on such hearing, a determination of the reasonableness of the existing rates of CPL shall be made by the City Council and, if necessary, just and reasonable rates shall be determined to be thereafter observed and enforced for all services of CPL within the City of Corpus Christi, Texas. Such public hearing may be conducted in conjunction with public hearings conducted by other municipalities served by CPL. SECTION 6. The City Council may, from time to time, amend this procedural schedule and enter additional orders as may be necessary in the public interest and to enforce the provisions hereof. SECTION 7. Subject to the right to terminate such participation at any time by written notice and to act independently in the exercise of local regulatory authority, the City of Corpus Christi shall join with other cities in the CPL service area presently exercising their original jurisdiction under Section 42 of PURA to conduct the review and proceedings specified in this resolution, and shall participate in the Steering Committee of such cities which shall select and supervise the law firm of \ord\93709 Butler, Porter, Gay & Day and other qualified consultants, who shall review CPL's existing rates and act as directed by the Steering Committee to assist the cities and to prosecute any appeals to the Texas Public Utility Commission or court. James R. Bray is appointed as the City's representative on such Steering Committee. It is specifically understood that this participation will not necessitate the expenditure of any funds from the City budget. CPL shall reimburse the City for the reasonable costs of attorneys and consultants upon presentation of invoices by the Steering Committee. SECTION 8. The Petition To C.C. City Council Seeking Reduction In Electric Rate filed by Raymond F. Hasker November 23, 1993, is hereby consolidated with the proceedings initiated by the City Council in this resolution. ATTEST: eza . City Secreta MAYOR T CIT)OF CORPUS CHRISTI APPROVED: /5 DAY OF Oec c .—.Li-cv- , 19 t JAMES R. BRAY, JR., CITY ATTORNEY By \ord\93109 City Attokney Corpus Christi, Texas 2\ day of Df u ink 4' 19 "1 The above resolution was passed by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \forme\066 cc fi a 0 4